United States v. Thomas Michael Gerin

After several classifications and re-classifications by his local board, Thomas Gerin was finally classified 1-A on October 6, 1969 and after his appeal on medical grounds was denied, he was on May 20, 1970 issued an order to report for induction on June 17, 1970. This induction date was later postponed to permit a review of his physical fitness for service and while that petition was pending, the registrant filed a request to be classified as a conscientious objector. In September of 1970 the local board denied him a C.O. status and fixed a new induction date. Appellant requested the State Director to intervene in the matter of his C.O. claim but this was rejected. Appellant then refused induction and his indictment and court-trial conviction followed from which he now appeals.

Gerin raises the following arguments on appeal:

1) The local board should have reopened his case to reconsider his C.O. claim though it was filed after a notice of induction had been issued to him because circumstances beyond his control prevented him from filing prior to the induction notice.

2) The State Director should have intervened at Gerin’s request.

3) His selection for induction was the result…